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Music and the Law

Government Cuts Funding For Community Access Program

The government has quietly notified Community Access Programs across the country that it is cutting funding for the longstanding program that provides Internet access to the public. Statistics Canada's 2010 Canadian Internet Use Study found that 54% of low income Canadians still do not have Internet access at home. Industry Canada conducted an audit of the program in 2009.
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Government to Review Target's Entry to Canada on Cultural Grounds

In what feels like an April Fool's joke but isn't, the Canadian government will conduct a review of Target's entry into Canada on the grounds that it sells cultural products such as books. I wrote about the need to drop restrictions on bookseller restrictions in 2010 when Amazon created its own Canadian distribution channel.
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U.S. Online Real Estate Site Claims Canadian Realtor Infringed Copyright

Estately, a Seattle-based online real estate site, filed a DMCA takedown notice against Sutton WestCoast over the look and feel of its website. The complaint succeeded in taking the Canadian site offline.
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Justice Committee Report Recommends Expanding Lawful Access Legislation

The government has placed Bill C-30, the lawful access/online surveillance bill on hold, but there is no reason to believe it is going away. In fact, a recent report Standing Committee on Justice and Human Rights suggests that the changes coming to the bill may not address public concern but rather expand lawful access requirements even further. The committee report on the State of Organized Crime that includes recommendations that reinforce Bill C-30's mandatory warrantless disclosure of subscriber information and envision going beyond the bill by requiring both telecom companies and device manufacturers to assist in the decryption of encrypted communications as well as exploring mandatory verification of the identity of cellphone users.


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ACTA Rapporteur: Little Evidence That ACTA Will Fix Global IP Enforcement

David Martin, the ACTA rapporteur at the European Parliament, has published an op-ed expressing skepticism about the agreement's effectiveness, noting "so far there is little evidence that it will have the intended effect. Indeed several non-signatories have stressed their opposition to the agreement."
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Libraries Boycott Random House Over E-Book Pricing

Libraries on Nova Scotia's South Shore are boycotting Random House, one of the world's largest book publishers, due to its e-book pricing demands. The publisher is charging as much as three times as much for downloadable book as for a print version.

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The Results are In: Online Voting Still Too Risky

The recent New Democratic Party convention in Toronto may have done more than just select Thomas Mulcair as the party's new leader.  My weekly technology law column (Toronto Star version, homepage version) notes that it may have also buried the prospect of online voting in Canada for the foreseeable future. While Internet-based voting supporters have consistently maintained that the technology is safe and secure, the NDP's experience - in which a denial of service attack resulted in long delays and inaccessible websites - demonstrates that turning to Internet voting in an election involving millions of voters would be irresponsible and risky.

As voter turnout has steadily declined in recent years, Elections Canada has focused on increasing participation by studying Internet-based voting alternatives. The appeal of online voting is obvious. Canadians bank online, take education courses online, watch movies online, share their life experiences through social networks online, and access government information and services online. Given the integral role the Internet plays in our daily lives, why not vote online as well?

The NDP experience provides a compelling answer.


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The Results are In: Online Voting Still Too Risky

Appeared in the Toronto Star on April 1, 2012 as Internet Voting Carries Risk As Shown By NDP Experience

The recent New Democratic Party convention in Toronto may have done more than just select Thomas Mulcair as the party's new leader.  It may have also buried the prospect of online voting in Canada for the foreseeable future. While Internet-based voting supporters have consistently maintained that the technology is safe and secure, the NDP's experience - in which a denial of service attack resulted in long delays and inaccessible websites - demonstrates that turning to Internet voting in an election involving millions of voters would be irresponsible and risky.

As voter turnout has steadily declined in recent years, Elections Canada has focused on increasing participation by studying Internet-based voting alternatives. The appeal of online voting is obvious. Canadians bank online, take education courses online, watch movies online, share their life experiences through social networks online, and access government information and services online. Given the integral role the Internet plays in our daily lives, why not vote online as well?

The NDP experience provides a compelling answer.

Democracy depends upon a fair, accurate, and transparent electoral process with independent verification of the results. Conventional voting may typically require heading down to the polling station, but doing so accomplishes many of these goals. Private polling stations enable citizens to cast their votes anonymously, election day scrutineers provide oversight, and paper-based ballots can be re-counted if needed.

There are ways to build anonymity and oversight into an online election process, but as the NDP experienced, there is no way to guarantee it will be disruption-free. In the NDP's case, 10,000 computers were used in a distributed denial-of-service attack designed to overwhelm the online voting system and effectively render it unusable for authorized voters.

The only real surprise about the attack is that it took anyone by surprise. Not only is a denial-of-service attack typically cited as the most likely security disruption, the NDP experienced much the same thing at its last leadership convention in 2003. Reports from that convention - which only involved a single ballot to elect Jack Layton as the new party leader - indicate that there was a denial-of-service attack that similarly delayed the voting process.

Online voting threats are not limited to denial-of-service attacks. Security experts point to the danger of counterfeit websites, phishing attacks, hacks into the election system, or the insertion of computer viruses that tamper with election results as real world threats to an Internet-based voting system.

While several Canadian municipalities have successfully used Internet voting, those elections were unlikely to be viewed as "targets" for attack since groups seeking to disrupt an online election will likely prefer to take aim at high profile events that offer maximum exposure.

Douglas Jones and Barbara Simons, the authors of the forthcoming book Broken Ballots: Will Your Vote Count, note that "people running pilots are likely to declare success, in spite of any problems that might crop up. However, it is dangerous to draw conclusions from what appears to be a successful Internet voting pilot. If the election is insignificant, there is little to no motivation to sabotage the election."

National or provincial campaigns clearly qualify as sufficiently significant to represent an inviting target. There are no "do overs" with elections nor the possibility of keeping online polling open for hours or days to ensure that all citizens can exercise their right to vote.  Elections Canada may be anxious to increase voter turnout, but the recent NDP experience suggests that jumping on the online voting bandwagon could place the validity of the election process at risk.
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Canadian Hurt Locker Lawsuits Withdrawn

New records indicate that the file sharing lawsuits in Quebec against individuals downloading the Hurt Locker have been withdrawn. The cases attracted wide attention last year after the Federal Court ordered several ISPs to disclose the identities of alleged infringers.
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CRTC Stands By New Disclosure Requirement on Software Installs Over Objections From ESAC, RIM

The CRTC has finalized its anti-spam regulations, retaining some notable new disclosure requirements for some software installations. The requirements were opposed by the Entertainment Software Association of Canada and Research in Motion, who both asked for the requirements to be either dropped or significantly changed. The regulation requires:

A computer program's material elements that perform one or more of the functions listed in subsection 10(5) of the Act must be brought to the attention of the person from whom consent is being sought separately from any other information provided in a request for consent and the person seeking consent must obtain an acknowledgement in writing from the person from whom consent is being sought that they understand and agree that the program performs the specified functions.

The functions listed in 10(5) of the Act are:

(a) collecting personal information stored on the computer system;
(b) interfering with the owner’s or an authorized user’s control of the computer system;
(c) changing or interfering with settings, preferences or commands already installed or stored on the computer system without the knowledge of the owner or an authorized user of the computer system;
(d) changing or interfering with data that is stored on the computer system in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the computer system;
(e) causing the computer system to communicate with another computer system, or other device, without the authorization of the owner or an authorized user of the computer system;
(f) installing a computer program that may be activated by a third party without the knowledge of the owner or an authorized user of the computer system; and
(g) performing any other function specified in the regulations.

While this is obviously designed first and foremost at spyware, it targets many other possibilities including the infamous Sony rootkit case and other attempts by software or app developers to unexpectedly collect personal information or interfere with a user's computer. It could also have an impact on some digital rights management systems, raising interesting questions about the interaction between these requirements and the digital lock rules in Bill C-11.


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